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Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional
by Matt Clarke
On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution.
Shawanna Nelson was six months pregnant when she was sent to the ...
On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution.
Shawanna Nelson was six months pregnant when she was sent to the ...
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More from this issue:
- Appalling Prison and Jail Food Leaves Prisoners Hungry for Justice, by David Reutter
- From the Editor, by Paul Wright
- Washington Jail a Modern-Day Debtor’s Prison, by Gary Hunter
- Food Problems Contribute to Riot at Kentucky Prison, by David Reutter
- Swine Flu Scare Leads to Unrest at Overcrowded Massachusetts Jail, by Matthew Clarke
- Oklahoma Courts Collecting Fines, Costs at Expense of Justice
- Illinois Prisoners Sue over Soy-Based Food, by Brandon Sample
- Parole Denials Based Upon Assumptions; Tough Policies Threaten Public Safety at Great Cost, by David Reutter
- CCA Loses Contracts for 9,754 Prison Beds in 18 Months; More Losses Looming
- Missoula County Jail Agrees to Settle Excessive Force Suit for $490,000
- New York Passes Legislation Making HIV, AIDS and HCV Prisoner Care a Department of Health Responsibility, by Christina Hernandez
- $491,668 Settlement in Class-Action Suit Against Spokane County Jail, by Matthew Clarke
- Retired New York Supreme Court Justice Sentenced to Prison for Sex Trafficking, by David Reutter
- Crisis in Reverse: Counties Struggle with Dwindling Jail Populations, by Gary Hunter
- Florida Jail Prisoner Paralyzed by MRSA Sues Prison Health Services
- Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional, by Matthew Clarke
- Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit, by David Reutter
- State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10
- Son, Wife of U.S. Congressmen Get Prison Time, by Brandon Sample
- Death Row Prisoner Loses Suit Challenging BOP’s Ban on Face-to-Face Media Interviews
- $300,000 Settlement in New York City Jail Prisoner’s Slip and Fall Accident
- Arkansas Prisoner Almost Dies After Being Left in Feces, by Justin Miller
- Virginia DOC K-9 “Training” Results in Animal Cruelty Charges, by David Reutter
- Kinship Care More Beneficial Than State Foster Care for Children of Incarcerated Parents, by Jimmy Franks
- Illinois Prison Officials Fail to Report MRSA Infections
- New York Voters Okay Prison Slave Labor for Nonprofits
- Guards Suspended, Fired in Prostitution Probe at CCA-Run D.C. Jail
- Indian Country Gets Stimulus Money ... to Build More Jails, by David Reutter
- Three Prisoners Raped at Oklahoma Governor’s Mansion
- Washington DOC Agrees to Settle Inadequate Medical Care Suit for $55,000
- New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages
- Florida County Jail Discontinues Medical Co-Pay Policy, by David Reutter
- Texas Tech and TDCJ Settle Prisoner Suicide Suit for $85,000
- Sex Addicted Ohio Sheriff’s Jail Supervisor Receives $1,000 Following Termination
- Dying in Cell 40: Vermont’s Flawed Contract and Prison Health Service’s Drive for Profit Lead to Prisoner’s Death, by Terry J. Allen
- Georgia Grand Jury Critical of Ticket-Fixing Scam
- California AG’s Spokesman Resigns After Caught Taping Phone Conversations, by Michael Brodheim
- Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment, by David Reutter
- Prison Incident and Investigative Reports Must Be Disclosed Under Alabama’s Open Records Act, by David Reutter
- Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants, by Mark Wilson
- 1979 Jail Consent Decree Largely Gutted by PLRA; Reversed on Appeal, by Mark Wilson
- Sweat Lodge Ban Does Not Violate RLUIPA
- Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him
- Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand, by Matthew Clarke
- Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts, by David Reutter
- Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate, by Matthew Clarke
- Oregon Private Jail Guard is “Corrections Officer”; Prisoner’s Assault Conviction Upheld, by Mark Wilson
- $862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death
- NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain, by Mark Wilson
- Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims, by John Dannenberg
- The Real Cost of Prisons Comix, by Lois Ahrens, PM Press, 90 pages, by Gary Hunter
- California Prison Officials Settle Deliberate Indifference Suit for $12,000, by Michael Brodheim
- Iowa Good Time Statute Violates Ex Post Facto Clause, by Brandon Sample
- Over 10 Million in Prison Worldwide, by David Reutter
- News in Brief:
- California: Demand for Speedy Trial Applies to Probation Violation Detainers, by John Dannenberg
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide, Jan. 15, 2025. Disabled Prisoners, Videotaping, Restraints, Wrongful Death, Suicides, Juvenile Offenses/Offenders.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- Last Charges Dropped in Suffocation Death of Virginia Jail Detainee, Dec. 15, 2024. Guard Brutality/Beatings, Restraints, Settlements, Excessive Force (Wrongful Death).
- BOP Guard Indicted, Sued for Assaulting Handcuffed Prisoner at Kentucky Lockup, Dec. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Restraints, Bureau of Prisons (BOP), Indictment/Information.
- Spit Hoods, Modern Legacy of Torture, Nov. 15, 2024. Restraints, Failure to Treat (Mental Illness).
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- NYC Rehires Former Head of Rikers Island Lockup Where Guard Assault Left Detainee Quadriplegic, Nov. 15, 2024. Guard Misconduct, Guard Brutality/Beatings, Restraints, Guard Unions.